In my column This week's Consulta Migratoria® clarifies important points about the process and explains how to apply for a provisional waiver of the punishment law.
Please share the column and consult with an immigration attorney or a federally accredited representative before beginning any immigration proceedings.
This is the column:
Changes to the process for applying for a Provisional Unlawful Presence Waiver will soon begin to be implemented. As it is I explained last weekwill be a difficult process.
It is important to note that not every undocumented immigrant is eligible to apply for this immigration benefit.
Additional important facts you should know about the provisional waiver of the law of unlawful presence in the United States:
1. Only benefits certain undocumented family members of U.S. citizens and permanent residents.
2. All applicants for provisional pardon must demonstrate "extreme hardship" or "extreme prejudice". (extreme hardship) to a U.S. citizen or permanent resident spouse or parent, whether economic, health or humanitarian, among others.
If the applicant does not have a U.S. citizen or permanent resident parent or spouse; or evidence demonstrating "extreme hardship" or "extreme prejudice". for your relative, the person no should apply for a provisional waiver of the law of unlawful presence in the country.
3. Persons who are abroad and who have already applied for pardon under the law of punishment. no may apply for a provisional waiver of the law of unlawful presence in the United States.
4. Persons who have already been granted a provisional pardon may not apply for permanent residency within the U.S.
5. The filing or approval of a provisional waiver of the law of unlawful presence in the U.S. does not permit the following:
- Provide interim benefits, such as a work permit or the ability to travel outside the country (Advance Parole).
- Provide legal status.
- Stop the accumulation of illegal presence.
- Provide protection against deportation.
- Eliminate the requirement to leave the United States in search of an immigrant visa.
- To ensure the issuance of visas or admission to the United States.
How to apply for provisional waiver of the law of unlawful presence punishment:
To apply for a provisional waiver for having lived in the U.S. illegally, the undocumented immigrant must already have an approved immigrant visa petition (Forms I-130, I-140, and I-360), or have been selected in the visa lottery, and have paid the immigrant visa fee to the U.S. Department of State (USDOS).
The undocumented immigrant must complete Form I-601A, Application for Provisional Unlawful Presence Waiver.
All applicants will be required to provide fingerprints for a criminal background check.
Generally, USCIS will not interview the provisional waiver applicant unless it is necessary.
Currently, there is a fee of $585 plus $85 for fingerprints. There is no fee waiver for this procedure.
If a provisional waiver of the unlawful presence penalty law is approved, it will remain valid as long as the previously approved immigrant visa petition (Forms I-130, I-140, and I-360) is not revoked, or has been selected in the visa lottery.
If the USDOS cancels the visa registration process or denies the visa petition, the provisional waiver will be revoked.
The USCIS decides whether to approve or deny an application for a provisional waiver of the unlawful presence penalty law.
If the USCIS denies the application, the applicant will no may appeal the decision. However, USCIS reserves the right to reconsider and reopen a case on its own if circumstances warrant.
If your application for a provisional waiver of the unlawful presence penalty law is denied, the USCIS may place you in removal proceedings if it deems it appropriate.
Generally, individuals who have criminal records and are considered a danger to the national security of the country, and individuals who have previous deportations are high priority for deportation.
All person who no qualifies for provisional waiver of unlawful presence penalty law must travel out of the country to apply for permanent residency and apply for a waiver to re-enter the U.S.
If you re-enter the U.S. illegally after being granted a provisional waiver of the unlawful presence penalty law, the waiver approval is automatically revoked.
It is extremely important to consult with an immigration attorney before beginning the process for permanent residency to be sure that you meet all the requirements.
Please do not go to notarios, immigration consultants, paper fillers or multi-service providers. The law prohibits these people from giving legal advice.
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